KANTABAI MAHIPAT SONAVANE Vs. NIMBA ONKAR PATIL

JUDGEMENT

(1.) THIS civil revision application is directed against the order dated 15-6-1989 passed by the learned II Joint Civil Judge, J. D. Jalgaon in R. C. S. No. 553 of 1985 below Exhibit 120.

(2.) THE respondent No. 1 has filed Regular Civil Suit No. 553 of 1985 in respect of the property bearing C. T. B. No. 1697/b/12 Municipal House No. 291 admeasuring 46. 44 Sq. Mtrs. This was the property initially owned by one Jayabai who had expired on 20th July, 1985 at Jalgaon. The present petitioner is the tenant alongwith other tenants. This property has been bequeathed by deceased Jayabai to the respondent plaintiff by Will-deed dated 29-1-1985 and after her death the respondent-plaintiff claims that he has become the owner of the said property on the basis of the said Will-deed and therefore, the plaintiff has filed the suit for the reliefs claimed in the suit.

(3.) THE defendant-petitioner has filed an application at Exh. 125 contending that in view of the provisions of section 213 of the Indian Succession Act, 1925 the suit filed by the respondent-plaintiff is not tenable unless the probate of the Will and/or letters of administration with a Will annexed or with on authenticated copy of the Will annexed is obtained by the respondent-plaintiff.